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TelegraphHerald.com • Telegraph Herald • Friday, August 7, 2020 3D

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OFFICIALPUBLICATION

ORDINANCE NO. 27-20 AN ORDINANCEAMENDING TITLE 16OF THE CITY OFDUBUQUE CODE OFORDINANCES, UNI-FIED DEVELOPMENTCODE, BY RECLASSI-FYING HEREINAFTERDESCRIBED PROPER-TY, IN CONJUCTIONWITH ANNEXATION,LOCATED EAST OFTHE U.S. HIGHWAY 61RIGHT-OF-WAY ANDNORTHEAST OF CY-CLE CLUB LANEFROM COUNTY R-2SINGLE-FAMILY RESI-DENITAL TO CITY R-2TWO-FAMILY RESI-DENTIAL NOW, THEREFORE, BEIT ORDAINED BY THECITY COUNCIL OF THECITY OF DUBUQUE,IOWA THAT: Section 1. Title 16 ofthe City of DubuqueCode of Ordinances,Unified DevelopmentCode, is hereby amend-ed by reclassifying thehereinafter describedproperty, in conjunc-tion with annexation,from County R-2 Sin-gle-Family Residentialto City R-2 Two-FamilyResidential, to wit: Lot 1 Silver Oaks No.2, in Dubuque County,Iowa: and Lot 1 of 2 of the Divi-sion of Lot 2 of the SW1/4 of the SE 1/4, Sec-tion 23, T88N, R2E ofthe 5th P.M., DubuqueCounty Iowa contain-ing 0.60 acres Section 2. The forego-ing amendment hasheretofore been re-viewed by the ZoningAdvisory Commissionof the City of Dubuque,Iowa. Section 3. This ordi-nance shall take effectimmediately upon pub-lication, as provided bylaw. Passed, approved andadopted this 3rd day ofAugust 2020.

/s/Roy D. Buol, MayorAttest: /s/Kevin S.Firnstahl, City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

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OFFICIALPUBLICATION

ORDINANCE NO. 28-20 AN ORDINANCEAMENDING TITLE 16OF THE CITY OFDUBUQUE CODE OFORDINANCES, UNI-FIED DEVELOPMENTCODE, BY RECLASSI-FYING HEREINAFTERDESCRIBED PROPER-TY, IN CONJUCTIONWITH ANNEXATION,LOCATED AT 8113 RT61 FROM COUNTY R-2SINGLE-FAMILY RESI-DENITAL TO CITY R-2TWO-FAMILY RESI-DENTIAL NOW, THEREFORE, BEIT ORDAINED BY THECITY COUNCIL OF THECITY OF DUBUQUE,IOWA THAT: Section 1. Title 16 ofthe City of DubuqueCode of Ordinances,Unified DevelopmentCode, is hereby amend-ed by reclassifying thehereinafter describedproperty, in conjunc-tion with annexation,from County R-2 Sin-gle-Family Residentialto City R-2 Two-FamilyResidential, to wit: Lot 1 Silver Oaks, inDubuque County, Iowa Section 2. The forego-ing amendment hasheretofore been re-viewed by the ZoningAdvisory Commissionof the City of Dubuque,Iowa. Section 3. This ordi-nance shall take effectimmediately upon pub-lication, as provided bylaw. Passed, approved andadopted 3rd day of Au-gust 2020.

/s/Roy D. Buol, MayorAttest: /s/Kevin S.Firnstahl, City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

OFFICIALPUBLICATION

ORDINANCE NO. 29-20 AMENDING CITY OFDUBUQUE CODE OFORDINANCES TITLE 7POLICE, FIRE ANDPUBLIC SAFETY,CHAPTER 5 OFFENS-ES, ARTICLE A GENER-AL OFFENSES, SECTION7-5A-15 TOBACCOPRODUCTS TO UN-DERAGE PERSONS NOW, THEREFORE,BE IT ORDAINED BYTHE CITY COUNCILOF THE CITY OFDUBUQUE, IOWA: Section 1. Section 7-5A-15 of the City ofDubuque Code of Ordi-nances is amended toread as follows: 7-5A-15: TOBACCOPRODUCTS TO UNDER-AGE PERSONS: A. Restrictions: 1. A person shall notsell, give, or otherwisesupply any tobacco, to-bacco products, alter-native nicotine pro-ducts, vapor products,or cigarettes to anyperson under twenty-one (21) years of age. 2. A person undertwenty-one (21) yearsof age shall not smoke,use, possess, purchase,or attempt to purchaseany tobacco, tobaccoproducts, alternativenicotine products, va-por products, or cigar-ettes. 3. Possession of to-bacco, tobacco prod-ucts, alternative nicotineproducts, vapor prod-ucts, or cigarettes byan individual undertwenty-one (21) yearsof age does not consti-tute a violation underthis section if the indi-vidual under twenty-one (21) years of agepossesses the tobacco,tobacco products, al-ternative nicotine pro-ducts, vapor products,or cigarettes as part ofthe individual's em-ployment and the indi-vidual is employed by aperson who holds avalid permit under theIowa Code or who law-fully offers for sale orsells cigarettes or to-bacco products. 4. a. A person shallnot be guilty of a viola-tion of this section ifconduct that wouldotherwise constitute aviolation is performedto assess compliancewith tobacco, tobaccoproducts, alternativenicotine products, va-por products, or ciga-rette laws if any of thefollowing applies: (1) The compli-ance effort is conduct-ed by or under thesupervision of law en-forcement officers. (2) The compli-ance effort is conduct-ed with the advanceknowledge of law en-forcement officers andreasonable measuresare adopted by thoseconducting the effortto ensure that use oftobacco, tobacco prod-ucts, alternative nico-tine products, vaporproducts, or cigarettesby individuals undertwenty-one (21) yearsof age does not resultfrom participation byany individual undertwenty-one (21) yearsof age in the compli-ance effort. b. For the purposesof this subsection, "lawenforcement officer"means a peace officeras defined in IowaCode section 801.4 andincludes persons desig-nated under this sub-section to enforce thissection. B. Penalty: 1. a. A person, oth-er than a retailer, whoviolates subsection A1of this section, is guiltyof a simple misde-meanor. b. An employee of aretailer who violatessubsection A1 of thissection, commits asimple misdemeanorpunishable as a sched-uled violation underIowa Code section805.8C. 2. A person who vio-lates subsection A2 ofthis section, is subjectto the following, as ap-plicable: a. A civil penalty pur-suant to Iowa Codesection 805.8C. b. For a first offense,performance of eight(8) hours of communitywork requirements, un-less waived by thecourt. c. For a second of-fense, performance oftwelve (12) hours ofcommunity work re-quirements. d. For a third or sub-sequent offense, per-formance of sixteen(16) hours of communi-ty work requirements. Section 2. This Ordi-nance takes effect onpublication. Passed, approved, andadopted the 3rd day ofAugust 2020.

Roy D. Buol, MayorAttest:Kevin S. Firnstahl,City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

OFFICIALPUBLICATION

ORDINANCE NO. 29-20 AMENDING CITY OFDUBUQUE CODE OFORDINANCES TITLE 7POLICE, FIRE ANDPUBLIC SAFETY,CHAPTER 5 OFFENS-ES, ARTICLE A GENER-AL OFFENSES, SECTION7-5A-15 TOBACCOPRODUCTS TO UN-DERAGE PERSONS NOW, THEREFORE,BE IT ORDAINED BYTHE CITY COUNCILOF THE CITY OFDUBUQUE, IOWA: Section 1. Section 7-5A-15 of the City ofDubuque Code of Ordi-nances is amended toread as follows: 7-5A-15: TOBACCOPRODUCTS TO UNDER-AGE PERSONS: A. Restrictions: 1. A person shall notsell, give, or otherwisesupply any tobacco, to-bacco products, alter-native nicotine pro-ducts, vapor products,or cigarettes to anyperson under twenty-one (21) years of age. 2. A person undertwenty-one (21) yearsof age shall not smoke,use, possess, purchase,or attempt to purchaseany tobacco, tobaccoproducts, alternativenicotine products, va-por products, or cigar-ettes. 3. Possession of to-bacco, tobacco prod-ucts, alternative nicotineproducts, vapor prod-ucts, or cigarettes byan individual undertwenty-one (21) yearsof age does not consti-tute a violation underthis section if the indi-vidual under twenty-one (21) years of agepossesses the tobacco,tobacco products, al-ternative nicotine pro-ducts, vapor products,or cigarettes as part ofthe individual's em-ployment and the indi-vidual is employed by aperson who holds avalid permit under theIowa Code or who law-fully offers for sale orsells cigarettes or to-bacco products. 4. a. A person shallnot be guilty of a viola-tion of this section ifconduct that wouldotherwise constitute aviolation is performedto assess compliancewith tobacco, tobaccoproducts, alternativenicotine products, va-por products, or ciga-rette laws if any of thefollowing applies: (1) The compli-ance effort is conduct-ed by or under thesupervision of law en-forcement officers. (2) The compli-ance effort is conduct-ed with the advanceknowledge of law en-forcement officers andreasonable measuresare adopted by thoseconducting the effortto ensure that use oftobacco, tobacco prod-ucts, alternative nico-tine products, vaporproducts, or cigarettesby individuals undertwenty-one (21) yearsof age does not resultfrom participation byany individual undertwenty-one (21) yearsof age in the compli-ance effort. b. For the purposesof this subsection, "lawenforcement officer"means a peace officeras defined in IowaCode section 801.4 andincludes persons desig-nated under this sub-section to enforce thissection. B. Penalty: 1. a. A person, oth-er than a retailer, whoviolates subsection A1of this section, is guiltyof a simple misde-meanor. b. An employee of aretailer who violatessubsection A1 of thissection, commits asimple misdemeanorpunishable as a sched-uled violation underIowa Code section805.8C. 2. A person who vio-lates subsection A2 ofthis section, is subjectto the following, as ap-plicable: a. A civil penalty pur-suant to Iowa Codesection 805.8C. b. For a first offense,performance of eight(8) hours of communitywork requirements, un-less waived by thecourt. c. For a second of-fense, performance oftwelve (12) hours ofcommunity work re-quirements. d. For a third or sub-sequent offense, per-formance of sixteen(16) hours of communi-ty work requirements. Section 2. This Ordi-nance takes effect onpublication. Passed, approved, andadopted the 3rd day ofAugust 2020.

Roy D. Buol, MayorAttest:Kevin S. Firnstahl,City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

OFFICIALPUBLICATION

ORDINANCE NO. 29-20 AMENDING CITY OFDUBUQUE CODE OFORDINANCES TITLE 7POLICE, FIRE ANDPUBLIC SAFETY,CHAPTER 5 OFFENS-ES, ARTICLE A GENER-AL OFFENSES, SECTION7-5A-15 TOBACCOPRODUCTS TO UN-DERAGE PERSONS NOW, THEREFORE,BE IT ORDAINED BYTHE CITY COUNCILOF THE CITY OFDUBUQUE, IOWA: Section 1. Section 7-5A-15 of the City ofDubuque Code of Ordi-nances is amended toread as follows: 7-5A-15: TOBACCOPRODUCTS TO UNDER-AGE PERSONS: A. Restrictions: 1. A person shall notsell, give, or otherwisesupply any tobacco, to-bacco products, alter-native nicotine pro-ducts, vapor products,or cigarettes to anyperson under twenty-one (21) years of age. 2. A person undertwenty-one (21) yearsof age shall not smoke,use, possess, purchase,or attempt to purchaseany tobacco, tobaccoproducts, alternativenicotine products, va-por products, or cigar-ettes. 3. Possession of to-bacco, tobacco prod-ucts, alternative nicotineproducts, vapor prod-ucts, or cigarettes byan individual undertwenty-one (21) yearsof age does not consti-tute a violation underthis section if the indi-vidual under twenty-one (21) years of agepossesses the tobacco,tobacco products, al-ternative nicotine pro-ducts, vapor products,or cigarettes as part ofthe individual's em-ployment and the indi-vidual is employed by aperson who holds avalid permit under theIowa Code or who law-fully offers for sale orsells cigarettes or to-bacco products. 4. a. A person shallnot be guilty of a viola-tion of this section ifconduct that wouldotherwise constitute aviolation is performedto assess compliancewith tobacco, tobaccoproducts, alternativenicotine products, va-por products, or ciga-rette laws if any of thefollowing applies: (1) The compli-ance effort is conduct-ed by or under thesupervision of law en-forcement officers. (2) The compli-ance effort is conduct-ed with the advanceknowledge of law en-forcement officers andreasonable measuresare adopted by thoseconducting the effortto ensure that use oftobacco, tobacco prod-ucts, alternative nico-tine products, vaporproducts, or cigarettesby individuals undertwenty-one (21) yearsof age does not resultfrom participation byany individual undertwenty-one (21) yearsof age in the compli-ance effort. b. For the purposesof this subsection, "lawenforcement officer"means a peace officeras defined in IowaCode section 801.4 andincludes persons desig-nated under this sub-section to enforce thissection. B. Penalty: 1. a. A person, oth-er than a retailer, whoviolates subsection A1of this section, is guiltyof a simple misde-meanor. b. An employee of aretailer who violatessubsection A1 of thissection, commits asimple misdemeanorpunishable as a sched-uled violation underIowa Code section805.8C. 2. A person who vio-lates subsection A2 ofthis section, is subjectto the following, as ap-plicable: a. A civil penalty pur-suant to Iowa Codesection 805.8C. b. For a first offense,performance of eight(8) hours of communitywork requirements, un-less waived by thecourt. c. For a second of-fense, performance oftwelve (12) hours ofcommunity work re-quirements. d. For a third or sub-sequent offense, per-formance of sixteen(16) hours of communi-ty work requirements. Section 2. This Ordi-nance takes effect onpublication. Passed, approved, andadopted the 3rd day ofAugust 2020.

Roy D. Buol, MayorAttest:Kevin S. Firnstahl,City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

OFFICIALPUBLICATION

ORDINANCE NO. 30-20 AMENDING CITY OFDUBUQUE CODE OFORDINANCES TITLE 9MOTOR VEHICLESAND TRAFFIC, CHAP-TER 16 MISCELLA-NEOUS CITY PROV-ISIONS, DIVISION 2TRUCKS AND/OR MA-CHINERY, SECTION 9-16-321.901 MOTORTRUCK ROUTES NOW, THEREFORE,BE IT ORDAINED BYTHE CITY COUNCILOF THE CITY OFDUBUQUE, IOWA: Section 1. Section 9-16-321.901 of the Cityof Dubuque Code of Or-dinances is amendedto read as follows: 9-16-321.901: MOTORTRUCK ROUTES: A. Motor trucks reg-istered for a grossweight limit exceedingten thousand (10,000)pounds (5 tons) musttravel over markedhighways when operat-ing in the city and maynot depart from suchmarked highways, ex-cept that any motortruck whose destina-tion is in the city maydepart from such high-way at that point onthe highway nearest toits destination andthen proceed directlyto such destination. B. Motor truckswhose trips originatewithin the city musttravel by the most di-rect route to that pointon a marked highwaynearest to such pointof origin. C. Motor trucks en-tering the city on anunmarked highwaymust proceed to thenearest marked high-way by the most directroute and then proceedto their destination, ex-cept when the destina-tion lies between thepoint of entry into thecity and the markedhighway. This prohibi-tion shall not apply toCentral Avenue andWhite Street between4th Street and 32ndStreet from the de-des-ignation of Central Av-enue and White Streetas the Iowa Highway52 motor truck routethrough the City ofDubuque by the IowaDepartment of Trans-portation and continuethrough December 31,2022. D. Motor trucks reg-istered for a grossweight limit exceedingten thousand (10,000)pounds (5 tons) mustnot travel over the fol-lowing streets: Ice Harbor Drive, from1st Street to the 3rdStreet Overpass. Main Street, from 5thStreet to 9th Street. E. The city manageris authorized to desig-nate and establish byappropriate signs alter-nate motor truckroutes and to postsigns limiting motortrucks registered witha gross weight limit ex-ceeding ten thousand(10,000) pounds (5tons) from operatingon nonhighway streetsand the streets desig-nated in subsection Dof this section. F. The provisions ofthis section governingthe travel of motortrucks on residentialstreets do not apply topublic or private carri-ers of passengers ontour, fixed demand re-sponse, or dial-a-rideroutes or school orchurch buses. G. The scheduled finefor a violation of thissection is fifty dollars($50.00). Section 2. This ordi-nance shall take effectupon publication. Passed, approved, andadopted this 3rd day ofAugust 2020.

/s/Roy D. Buol, MayorAttest: /s/Kevin S.Firnstahl, City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

OFFICIALPUBLICATION

ORDINANCE NO. 30-20 AMENDING CITY OFDUBUQUE CODE OFORDINANCES TITLE 9MOTOR VEHICLESAND TRAFFIC, CHAP-TER 16 MISCELLA-NEOUS CITY PROV-ISIONS, DIVISION 2TRUCKS AND/OR MA-CHINERY, SECTION 9-16-321.901 MOTORTRUCK ROUTES NOW, THEREFORE,BE IT ORDAINED BYTHE CITY COUNCILOF THE CITY OFDUBUQUE, IOWA: Section 1. Section 9-16-321.901 of the Cityof Dubuque Code of Or-dinances is amendedto read as follows: 9-16-321.901: MOTORTRUCK ROUTES: A. Motor trucks reg-istered for a grossweight limit exceedingten thousand (10,000)pounds (5 tons) musttravel over markedhighways when operat-ing in the city and maynot depart from suchmarked highways, ex-cept that any motortruck whose destina-tion is in the city maydepart from such high-way at that point onthe highway nearest toits destination andthen proceed directlyto such destination. B. Motor truckswhose trips originatewithin the city musttravel by the most di-rect route to that pointon a marked highwaynearest to such pointof origin. C. Motor trucks en-tering the city on anunmarked highwaymust proceed to thenearest marked high-way by the most directroute and then proceedto their destination, ex-cept when the destina-tion lies between thepoint of entry into thecity and the markedhighway. This prohibi-tion shall not apply toCentral Avenue andWhite Street between4th Street and 32ndStreet from the de-des-ignation of Central Av-enue and White Streetas the Iowa Highway52 motor truck routethrough the City ofDubuque by the IowaDepartment of Trans-portation and continuethrough December 31,2022. D. Motor trucks reg-istered for a grossweight limit exceedingten thousand (10,000)pounds (5 tons) mustnot travel over the fol-lowing streets: Ice Harbor Drive, from1st Street to the 3rdStreet Overpass. Main Street, from 5thStreet to 9th Street. E. The city manageris authorized to desig-nate and establish byappropriate signs alter-nate motor truckroutes and to postsigns limiting motortrucks registered witha gross weight limit ex-ceeding ten thousand(10,000) pounds (5tons) from operatingon nonhighway streetsand the streets desig-nated in subsection Dof this section. F. The provisions ofthis section governingthe travel of motortrucks on residentialstreets do not apply topublic or private carri-ers of passengers ontour, fixed demand re-sponse, or dial-a-rideroutes or school orchurch buses. G. The scheduled finefor a violation of thissection is fifty dollars($50.00). Section 2. This ordi-nance shall take effectupon publication. Passed, approved, andadopted this 3rd day ofAugust 2020.

/s/Roy D. Buol, MayorAttest: /s/Kevin S.Firnstahl, City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

OFFICIALPUBLICATION

ORDINANCE NO. 30-20 AMENDING CITY OFDUBUQUE CODE OFORDINANCES TITLE 9MOTOR VEHICLESAND TRAFFIC, CHAP-TER 16 MISCELLA-NEOUS CITY PROV-ISIONS, DIVISION 2TRUCKS AND/OR MA-CHINERY, SECTION 9-16-321.901 MOTORTRUCK ROUTES NOW, THEREFORE,BE IT ORDAINED BYTHE CITY COUNCILOF THE CITY OFDUBUQUE, IOWA: Section 1. Section 9-16-321.901 of the Cityof Dubuque Code of Or-dinances is amendedto read as follows: 9-16-321.901: MOTORTRUCK ROUTES: A. Motor trucks reg-istered for a grossweight limit exceedingten thousand (10,000)pounds (5 tons) musttravel over markedhighways when operat-ing in the city and maynot depart from suchmarked highways, ex-cept that any motortruck whose destina-tion is in the city maydepart from such high-way at that point onthe highway nearest toits destination andthen proceed directlyto such destination. B. Motor truckswhose trips originatewithin the city musttravel by the most di-rect route to that pointon a marked highwaynearest to such pointof origin. C. Motor trucks en-tering the city on anunmarked highwaymust proceed to thenearest marked high-way by the most directroute and then proceedto their destination, ex-cept when the destina-tion lies between thepoint of entry into thecity and the markedhighway. This prohibi-tion shall not apply toCentral Avenue andWhite Street between4th Street and 32ndStreet from the de-des-ignation of Central Av-enue and White Streetas the Iowa Highway52 motor truck routethrough the City ofDubuque by the IowaDepartment of Trans-portation and continuethrough December 31,2022. D. Motor trucks reg-istered for a grossweight limit exceedingten thousand (10,000)pounds (5 tons) mustnot travel over the fol-lowing streets: Ice Harbor Drive, from1st Street to the 3rdStreet Overpass. Main Street, from 5thStreet to 9th Street. E. The city manageris authorized to desig-nate and establish byappropriate signs alter-nate motor truckroutes and to postsigns limiting motortrucks registered witha gross weight limit ex-ceeding ten thousand(10,000) pounds (5tons) from operatingon nonhighway streetsand the streets desig-nated in subsection Dof this section. F. The provisions ofthis section governingthe travel of motortrucks on residentialstreets do not apply topublic or private carri-ers of passengers ontour, fixed demand re-sponse, or dial-a-rideroutes or school orchurch buses. G. The scheduled finefor a violation of thissection is fifty dollars($50.00). Section 2. This ordi-nance shall take effectupon publication. Passed, approved, andadopted this 3rd day ofAugust 2020.

/s/Roy D. Buol, MayorAttest: /s/Kevin S.Firnstahl, City Clerk Published officially inthe Telegraph Heraldnewspaper on the 7thday of August 2020.

/s/Kevin S. Firnstahl,City Clerk

1t 8/7

Public Notice Wenzel Towing, 3197Hughes Ct., currentlyhas the following vehi-cle in their custody,which has been aban-doned: 2013 Toyota CamryVin# 4T1BF1FK4DU262250 was towedfrom 2239 Chaney RdDubuque, IA on 7/23/20AND ABANDONED ATWenzel Towing. Theregistered owner is un-known. Person making claimto above vehicle mustdo so within TEN (10)days of the publicationof this notice. Failureto claim vehicle shallbe deemed waiver ofall rights, title andclaim to vehicle and isdeemed consent to thesale of vehicle at publicauction or disposal ofthe vehicle to a demol-isher.1t 8/7

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